September 2015 #163 – Law Journals

Trade Unions: Not what you’d bargained for

Sarah Fitzpatrick throws some light on a little used legal provision which has potentially huge significance for employers with collective bargaining agreements with unions ‘TULRCA provides that workers who are members of an independent trade union which is recognised by their employer have the right not to have an offer made to them which would …

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Government Reforms: Shaking up strike laws

Proposals to make it harder to take industrial action may be less beneficial for employers than the government expects, suggests Tom Kerr-Williams ‘The reforms grab headlines, but some of the changes may have less impact in practice than the Conservatives might expect – or even a negative impact on employers.’Proposals for what The Guardian newspaper …

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Civil Claims: They think it’s all over – but often it’s not

Stuart Jones and David Miers investigate the trend for employees to relaunch employment claims in the civil courts ‘Subtle changes in the way that an employee pleads the claim or sets out the facts underpinning the claim may enable them to reprise an old grievance successfully.’ To the dismay and despair of many employers, it …

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Equal Pay: Closing the gap

Rebecca Harding-Hill explores the impact on employers of mandatory reporting of differences in what men and women earn ‘To close any gender pay gap, it is clear that businesses must work to promote cultural change and remove the remaining barriers that prevent women progressing in the workplace and the boardroom.’ In July 2015, a consultation …

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Working Time: New case law brings fresh uncertainty

Rebecca McGuirk analyses recent case law on the scope of ‘working time’, including the treatment of travel time, trade union duties, holiday pay and voluntary overtime ‘Being at their employer’s disposal did not mean that the claimants had to be under their employer’s specific control or direction.’ The cost of wages and holiday pay looks …

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Whistleblowing: When is a communication protected?

The requirements for making a protected disclosure were recently considered by the EAT, report Mark Kaye and Charlie Bowden ‘On the face of it, that an employer can prohibit an employee from contacting a prescribed person appears to fly in the face of the spirit and purpose of the legislation.’ By making significant changes to …

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Disability Discrimination: An unfavourable finding

Sarah Lovell considers the impact of two recent cases on the meaning of ‘unfavourable’ treatment and identifying the correct provision, criterion or practice ‘Ultimately, any difference in the way that employment tribunals approach the question of “unfavourable treatment” and “detriment” is unlikely to have much impact on a practical level.’ Two recent cases on disability …

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Cross-Border Employment: A transatlantic clash

Emily Russell and Andrew Taggart outline a recent case on whether US or EU law applied to an employment dispute ‘The fact that it is not permissible for the courts of one EU member state to grant anti-suit injunctions directed at another EU member state was of no significance… Member states have to trust each …

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